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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 15, 1887)
THE OMAHA DATLT BEEtj , WElENJUBDAY , JUNE 15. 1887. WASHINGTON MATTERS. Xho American Tclcphonu Company Htlll In a Mixed Condition. \V AsniNOTOXJuno 14. fSpeclnlTelegram to the HKK.I Tlio American Telephone com pany docs not know yet whether It Is on Its fiend or Its fcot. That Vunczuclan conces sion which pictured things In Biich roseate- colors Is still an unknown quantity , and from nil Indications Is likely to remain so. The coniDiiny Is whistling to keep its courage up , and still claims that It will bo able to set tu-lf rlzht In the public eye now that they Imvo unloaded 'iyrer. The treasurer said to- Iday that no demands tohavo money rolunclpd on stock had bcun made , but hardly had the vords passed his lips when a frightened de partment clerk rushed Into the olllco and tlirowltiK down tlio stock on the treasurer's desk exclaimed : "Olvo mo that 33) ) on this Block. " The treasurer was nonplussed for a moment , but seeing the business look In the joiuiK man's eye he quietly | > lanked down the amount and the clerk went his way a sadder and a wiser man. _ _ _ _ _ _ _ Cleveland Not n Speculator. WA.siiiN < iTo.vJunolJ. [ SpeclalTeloKram to the DEI : . I A report was widely circulated Iiere to-night to the olfcct that the president liad Invested largely In real estate In James town , N. Y. , and that ho had lost heavily by the deal , It Is learned at the white house to night that the president never owned and \\asnevcrlnteicsted In a foot of land In Chautauqua county , and In consequence ho could not hnvo lost by real estate specula tions. A HiifTalo friend of the president says that the only real eotnte over purchased by film asidti from "Hod Top" was a small lot In DufTnlo. Ho oncu owned n farm In Krle county which he received tor legal services , llo never saw it and sold It on the ( list oiler. This is thoe.xteut of his real estate dealings. Patents to Westerner ? . WASHINGTON , Juno 11. [ Special Tele- pram to the BIK. : | Western patents wcro granted to-day an follows : it. 3 , Urltrgs , Ox- foi'd , Neb. , feeder for stoves : N. O. Calkins , lm Creek , Net ) . , waion-bojc ; lock ; C. E. Con rad , assignor of one-half to a. G. Dllloy , lias- tliiKS , Ncu. , car coupling ; Michael Maticr , jKreinnnt , Nob. , rareoupllti'r ' : Kmanuel Schol- llan and 1. Kavanatiu'li , jr. , Dtibuiiuc , eleva tor ; W. A. Sontman , Untton , Dak. , nose pro tector. Ilcnorrn Agentx Approved. WASIIINUTOX. Juno 11. [ Special Telegram to tlio UKK. ] The comptroller ot the cur rency has approved the selection of the Merchants' National bank of Omaha as a reserve rtiront for the Norfolk National of { Norfolk , Neb. , nnd the First of Omaha for thn First of Council Blurts. The comptroller of the currency to-day ap pointed Kouert McOrcuor , of Minneapolis , to 1)0 ) examiner of national banks of the state of Minnesota and the northern parts of Wiscon sin and Michigan. Nebraska and Iowa Pensions. WASHINOTON , Juno 14. [ Special Tele- Kramto the BKK. ] The following Nebraskans - kans were granted pensions to-day : Nelson Lomonds , Stanton ; William II. 1'atlctt , Wy- jnoro ; M. I ) . Carpenter , Oakdalo ; John Phil lips , Sidney ; J. K. Heed , Uenton ; J. F. Zolg- ler , restoration , Alma. Iowa pensions : Matilda , mother of T. II. King , Mlllersburg ; Mlra , widow of J. 8. De lane , Clinton ; Ward Woolen , Cool ; L. Q. Ilozatt , Ames : Win. Vanbenthusen , Bloom- fieldE. ; K. Gant , Ulsing Sun ; Alonzo C. I'reston , Woodward ; C. II.Dreger , Jefferson ; Henry Silver , Strawberry Point ; M. F. Wright , Wapello ; J.F.Frooman , Lowlsburtr. Increase : Frank Chapman , Anamosa ; C. J. Ferguson , Oxford ; M. A. CamberlainVlu - throp : Aaron illlllard , Vernon ; Jos. Conway - way , Ottumwa ; J. K. IJooth , Columbia ; P. B. Messlnger , Utica ; Win. liamnman , Creston ; F. H. Evans , Osceola : AsaK. Andrews.Ana- niosa ; Jas. Kirk , 1'mscott ; Jas. Martin , Corning ; John Welch , Dana ; James Straw , Bloan. Postal Changes. WASHINGTON , June 14. | Special Telegram to the UKK. ] The star route service from West Point to Fremont will be changed July 1 by omitting service from West Point to Qlenco. twenty-five and one-fourth miles. JamesX , Galloway was to-day appointed postmasRr at Aaums , Gage county , Nob. , vice Hannah Nixon , removed. Among the Military. WASHINGTON , Juno 14. [ Spelol Telegram to the UKK.J Assistant Surgeons William . Hopkins , Charles C. Barrows , Benjamin Wundy , George P. Wilson , William O. Owen , jr. Peter II. Kgan. jr. , William J. Wakeman mnd Edward Evarts , U. S. A. , Imvo been promoted meted to the uradn of captain for having five years' son-Ice to their credit. Next year six teen will bo promoted. Designs For Crnlsora. , WASHINGTON , June 14. The board of ox- a'tptnvra have completed designs for the cruisers and gunboats submitted by the naval experts In response to a circular from the navy department olTerlni : a prize of 815,000 for the best design for each type of vessel. The report giving the naino of the success ful competitors will bo given out In a low days. MnMlchacl Rewarded. WASHINGTON , June 14. The committee on printing of the senate to-day appointed W. 11. MoMlchael , of Grand Island , Neb. , clerk to the committee to succeed the late Major Ben : Parley Poore. McMlclmel Is a practicing lawyer and was until recently ed itor of the Grand Island Times. Lincoln's Call on Armour. CHICAGO , Jane 14. ( Special Telegram to the DKB.I Last Friday P. O. Armour re ceived a call at hliofllce from a gentlemtn representing hlmsolt to be M. 0. Cosgrove , of toe firm of M. C. Coszroye & Co. , real estate and loan broker * at Lincoln , Neb. His miuloB hero was to induce Mr. Armour to build a packinghouse in Lincoln. Mr. Armour told tbo reporter that be bad turned tno gentle man over to Mr. Martin , as he did not seem to know exactly what Inducements U was best for him to hold out. Mr. Martin who Is ono of the head men at the ottlce of Armour * Co. , reported to the same elleot. adding however , there was little doubt that Cosgrove WIM authorized to ascertain how much land and how much money it would take-to induo * Mr. Armour to extend hi * 1'acklng operation * to Lincoln. "I told him , " raid Mr. Martin , "it would be necessary for him to make a specific statement In writing regarding any project of the kind he wished U > nave considered and bo walked nwav , 1 presume to return to Lincoln for further orders. Cosgrove was registered at the Grand Pacific and left tlioro Sunday to take the west bound train. " Or I mo at Columbus. COLUMUUS , Neb. , Juno 1L [ Special Tele gram to tbo BKK.I Some tramps broke Into Dr. Martyn's residence last night , and while rifling the pockets of the doctor's coat , v Inch was Hanging In tlio hall , they were alarmed and hastily escaped , getting but few articles. Pat Fahoy cot full of bug juice last night , end wlillu being taken to tlia cooler by Of ficer lirrens , h savagely resisted the officer by kicking him and tearing his clothes , threatening to kill Uyruea and acting BO violently that the ofllcor used his billy , in flicting an ugly gash over the right eye ot y hty that had to be stitched up by Dr. Wllley. Fahey plead guilty to drunkenness and disorderly conduct , DUX retaliates by get ting out a warrant against Byrens for vie leoee in making the arrest. Franklin Academy Commencement. PIUNKUN , Neb. , June 14. [ Special to the JKIC. ) | Fraaklln academy will celebrate the largest commencement In Its history June 10 and 17 , For contests in essays and oratory 030 In prizes are offered. Principal Dye preaches the baccalaureate. Itev. Mr. Taylor , ot Udlanola , give * the annual address. A alnntr. an art exhibit and nluuul re- Subtle aru ( aaturus. Drowned in tbo nine. .Sr.wA.no , Neb. , June U. | Special to the 41er. | An nnknown boy of about twelve yearn of ago was drowned In the West Blue yesterday while In bathing with a playmate. Judge Roger1 Memorial , 1 > M MoiacB , la. , June 14.-Special [ Tele- trawtothe Bn . | Th * supreme court tUU toralBf devoted ao hour to a memorial wr > Vic * tor tbo late Judge John N. Kogers , of JDaTonport , one of the roost eminent Jurists of the state. Kx-JUdgo French presented a scries ot appropriate resolutions adopted by the Scott county bar , and remarks were then made by lion M. V. Gannon , of Davenport , Judce Nrmrsp. Mr. Georco F. Henry , and ex- Justice Day , of Dei Molnos , and Justloo Beck and Chief Justice Adams , ot the supreme premo court , all paying high trlbutn to the professional ability and private worth of thn deceased judgo. Trlod the Paris Oroon llout , KP.OKUK , la. , Juno 14. [ Special Telegram to the BIK.- : ] George llerrlck , of Montrose , la. , aged seventeen , attempted suicide by taking parls green on account of unrequited love , llo will recover. KE1)UCEDUATKS. _ _ Ono Fare For the Round Trip to the tit. Louis Encampment. CHICAGO , Juno 14. An important nicot ine ot the passenger department of the Cen tral Traffic association was held here to-day. A rate ot ono of the lowest unlimited fares lor round trip was made for the National Educational society to meet In Chicago In July. For Fourth of July excursion * , rates of ono faro for round trip will be msilo for laruo political conventions , etc. Excursion rates on round trip ticket * will bo authorized by the vice chairman when assented to by three-fourths of the lines terminating at the point where the mooting Is to bo held. One faro round trip tickets for the crand encamp ment of the 0. A. It , at St. Louis wcro or dered placed on sale September " 0 , the sale to close September " " , coed to return up to and Including October 2. Central lown Hnoreiuilzutton. Nr.w YOIIK , Juno 14. There Is Httlo progress reported by the Central Iowa reor ganization committee , although there Is a steady run of deposits on the main line divisional mortcnge bonds. President Stlckney , who Is now In Minneapolis , Is ex pected In New York next week , when some compromise will be arranged with the Smith party. Home Must Come to McOtynn. Niw YonK , Juno 14. ( Special Telegram to the BKK. J The Times says : Dr. Mc- Cilynn docs not Intend to pete Home , as he already has been booked to deliver lectures In various places up to July 4. Ills frlonds have also apparently clvon up the Idea of his going , for last evening a committee on get ting up n petition to the pope for a stay of proceedings In tlio matter of threatened ex communication , held a meeting and Issued a notice that It had been decided to abandon the proposition to send a petition to Home In reference to the C.TSU of Dr. McGlynn.as lhat gentleman and his friends had stroncly dis approved ot the proposal. No further stops are to bo taken In the matter by any author ized organization or committee. A FlyliiK Switch. KANSAS CITY , June 14. Humors are rlfo hero of the disappearance of Walter S. Con don , grand secretary and treasurer of the Switchmen's mutual aid association. There Kcems to bo no doubt that he Is a defaulter , but no reliable statement of the extent can bo secured. His wife , who lives In this clty.haa not heard from him for three weeks and ad mits that he has lost a considerable amount In gambling. Strenuous etforts have been made to suppress the matter. lllank HlllB Mlninc Booiulnu. DEATVWOOD , Dak. , Juno 14. [ Soeclal Telegram to the Hun.1 The new sixty-ton smelter of iron Hill blowed In at noon yes terday. It was a success. At 8 o'clock last night fifty bars of bullion were run out , run- nine eight bars an hour. The woleht was ninety pounds. The Deadwood Smelting company was organized this afternoon and will order machinery at once. The Galena llftv-ton smelter will blow in next week. There is a boom in mining. More Pennsylvania Kvlctlons. Pirrsnunrt , Juno 14. This afternoon writs wcie served by the sheriff on twenty- five of the strikers at the Pennsylvania salt works at Natron apa ordering them to vacate the company's houses on or before the llrst Monday 1 n July. If the houses are not va cant at that time , the occupants will be forc ibly evicted. Striking Dock Hands. CLEVELAND , O. , June 14. The strike on the ore docks of the New York , Pennsylvania A Ohio railway culminated in a riot this afternoon. Several loyalists were taking the places of the strikers , when three of them were assaulted and Injured. One of the assailants has been arrested. Steamship Arrivals. SOUTHAMPTON , June 14. [ Special Tele gram to the BEE. ] Arrived The Khlne- iand , from New Yoric for Antwerp , PinCADEi.rmA , June 14. Arrived The Indiana , from Liverpool. IlAMiiUTto , June 14. Arrived The Ham- monia , from New York. QUKKNSTOWN , Juno 14. Arrived Tno Iowa , from Boston. Crimea Hill Progress. LONDON , June 14. The debate on the coer cion bill was continued In commons this evening. Cummins , nationalist , morcd to omit tlie words enabling the lord lieutenant to proclaim any association interfering with the administration of the law or disturbing order. After a long debate between liar- court , Balfour , Morley and others , In 'Which much bltternesa was evinced , tne amendment was rejected. Deadly Hail Stones. Pini.Liroi'OLi , June 15. Hail stones strangely shaped , pointed and weighing over a pound each recently fell In the districts of Altos and Carhabat , between Adrlanopie and Shumlu , on the south slope ot the Balkan mountains , Eastern Roumelia. The -hall atones destroyed the harvest * , killed many laborers and cattle In the fields and pierced the roofs ot houses like bullets. The Tory Mulhatton. LONDON , June 14. The Times correspond ent at Home says the pope has no sympathy with Parnoll's Irish campaign , but that noofll- clal opinion to show how tbo church tools has been given because of energetic pressure brought to bear by a majority of the Irish bishops holds the nominally conservative teudencloii of the Vatican In check. A Russian Oaln. BELGRADE , June 14. lllstlcs , the { new premier of Servla , is a mau of strong pro- Itusslan sympathies. Ills elevation Is con sidered as a checlt to Austria and a gain lor Kussla In the Moonlighters at Work. Dtrni.iif , June 14. A farm servant of Hur ley was shot nnd killed last night by moon lighters near Tralee , county Kerry. Russln Objects. BEUI.IN , June 14. The Russian govern ment has made overtures for joint opposition to the Anglo-Turkish convention on the ground that it Interferes with the common right of the powers to control Egypt and the Sue/ canal Bismarck remains utmtral. Emperor William Improving. BKKI.I.V , J une 14. It Is ofllclally announced that Emperor William Is making remarkable progress toward recovery. Ho rose at noon to-day , passed tbo afternoon in his study , rc- cclvlne several reports from government onlelals. Lawn dresses , window shades nml pir low nlmms can b clcgautly done up with Kloctric Lustre Starch. MA1UU1S1) . At the Occidental hotel br the Rer , Mr. Huute , Miss Sadie Donaldson , ot Fremont , Neo. , and Mr. Anthony Sulnner , of Chi cajo , 111. Only a few Invited vuests were present The bride and bridegroom left on the even Ing train for the south. Many handsome presents were given. A long and prosper ous voyage down the stream of Hfo Is the wish of their many friends. Tn advance of the unhoathy season rec ulato and strengthen your ivstoai. Dr. J 11. McLean's StrengtHening Cordial MU lllood Purl Her will make yon healthy strong and vigorous , DID NOT COME TO A VOTE , The Oonncil Postpones Action on the Police Ordinance Veto. THE CITY ATTORNEY'S OPINION. Another Bcnvey Hensntlon Tlio Vic torious Turners Court Now * Pollco Pickings and General tiocnl , Tlic Council. The council was called to order tit 8:30 : o'clock last night with nil of tlio incni- icrs present. The following business was transacted : PETITION'S AND COMMUNICATIONS. From the Mayor Approving ordi nances passed at last meeting. On file. Same Approving the appropriation ordinance with the exception of the item of $150 for ox-Marshal Cuminps as salary or the month of May. This was vetoed on tlio ground that Mr. ( Jammings had lot performed the sorviccs for which the mrinont wus mado. The matter was arrled over the mayor's ' veto , Council- non Alexander , Ucdford , Burnlmm , Caspar , Kitchen uud Kicrstcd voting to ustaln the veto. Same Approving contracts for pav- ng Davenport struct and Twenty-fifth avumtu. Un file. Same Appointing James Alton sidewalk - walk inspector and Fred Hickstein as ud- lltlonal moat inspector. Confirmed. Same Appointing William llutlor as- istant janitor at city building. Con- Irmed. Same Vetoing the ordinance provld- ng the regulation of the police depart ment for the reason that in his opinion ho council exceeded its authority m pro- cribing the rules. The veto read : "It vas clcany the intention of the lojrisla- uro in creating the board to take from ho mayor and council the powers horo- ofore invested in it for the government of the tire and police departments and give it to the board of lirp and police : ommls3ioncrs. As it is evident that the ntcntton of the charter to create a police lopartmunt which should bo taken cn- iruly out of the field of politics , it does tot seem reasonable that the council should Imvo power to create such ordi nances nnd rules as would mould the ac- iou of the board of uolico and tire com missioners. " The matter was laid ever until the noxl mooting. The opinion ot the city uttoruoy , at- ached to the veto , was as follows. lion. William J. Broatch , Mayor of the City of Omaha. In response to your written request for my opinion upon the legality of an "ordinance relative to tua appointment , removal , government and discipline of the officers and members' tbo police denart- nent of tbe cltv of Omaha , aud providing hat there shall bo two captains of police and four sargeants of police and fixing their sala ries , and providing for Increasing the num ber of policemen In said city and fixing the compensation to bo pMd for tlio services of ) ollcomen , " I Imvo the liouor to submit the following considerations : Ejection 4 of the ordinance proscribes cer tain qualifications for the portions to be ap pointed as chief , captains or sargoants of DO- Ice and as policemen. Among these Qualifi cations are the following : lie must liavo re- ilded in Omaha two full years next proceed- m ; his appointment , llo must be an elec- or. Ho must bo under fifty years of ago , etc. Section 9 prescribes that the applicant shall ) e required to present to the board on appli cation setting forth certain facts as to his qualifications , which application shall bo slirned by live reputable citizens , etc. Section 10 prescribes what shall be grounds 'or the removal of any of tlio persons from ottlce. to wit : "Intoxication , " "disobedience of orders " "insolentbehavior " " , , "neglect of dutv , " etc. These provisions are all In .excess of the authority vested In the city council1 by the charter , and in support of this opinion Iglvo the following reasons : First. Section 145 of the charter provides for the creation of a board of lire and police commissioners , in which 'board .alone Is vested tne power to appoint the chief of po lice and other officers ot that department , and this board alone shall .exercise. this power. Tills board Is made up of the mayor find ot persons appointed by the governor of the state. It Is an executive and at the same . .time- deliberative body , a majority of whom shall constitute a quorum for -transaction of business. . ' This board Is a co-ordinate and in some sense an independent branch of-tbe city gov ernment , Tne charter says : ' ' . - "It shall bo the duty of the board to ap point a chief ot police and such other officers and policemen to the extent that funds may be provided by the mayor and council to pay their salaries , as mayue necessary for the proper protection ana efficient police of the city , and as may be necessary to protect citi zens and property and maintain peace aud good order. " Fiom the reading of this quotation It will be seen that the only limitation placed upon the power of tbe board In making these ap pointments In so far as the may or and coun cil ore concerned Is contined to the funds to be provided. It Is quite apparent that It was Intended that this board should perform its duties free from any restraining legislation by the city council. This board U not answerable to the city council In any way for its conduct The governor may remove any of said commis sioners for official misconduct and th gov ernor shall Jill any vacancies In the board. Vor the city council to prescribe tlio quallti- catlons and conditions of the mon to be ap pointed and to say who shall be eligible and who shall not be eligible to appointment by tlio board Is Interfering with the duties , pow ers and functions of the board , and hence such power does not rest In the council un less it IH specifically granted. Second. It may be contended that the fol lowing sentence from section 145 ot the char ter for metropolitan cities confers on the council fie power to pass the ordinance in question. "All the powers and duties connected with and Incident to the appointment , removal , government and dlsclpllnenf the officers and members of the lire and police departments of tbe city , under such rules and regulations M may be prescribed by ordinance , shall be vested in and exercised by said board ; " This provision does not require the council to pans anv ordinance whatever , but by Ira * plication does cay that the council may estab lish rules and regulations by ordinance , but rules and regulations concerning what ? "All powers and duties" referred to "shall be vested m the board. " How nre the powers and duties referred to , to be exercised' ? Why uuder the rules and regulations that may DO established by ordi nance. It Is thus made clear that the rules and regulations as may bo prescribed by ordi nance relateto the manner of the procedure of the board , and not as a limitation upon the power or duties ot tbo board. The ordinance under consideration does not all rt-lato to the manner In which the board shall perform Its duties or exercise its power ? , but relate * also to qualifications of persons to be appointed by the board. If It bo once admitted that the city council shall prescribe one qualification for an ap pointee , It must bo admitted that the council his power to prescribe any number of other qimfifieatlonu. If it cen say no man shall bo appointed chief of police unless bo has resided In Omaha two years , It can likeways say no man shall bo appointed unless he has resided in Omaha twenty years. If the council can say the applicant must present a petition signed by live citizens , It can also nay to tbe board , you cannot appoint a man unless he presents an application signed by all the members of the city council , or unless he comes recommended bv a resolution of tbe elty council. It will thus bo seen that If tbe council is possessed of the power to fix and determine any one qualification of an appointee or any one con dition preliminary to the rtirht ot a person to be appointed by the board , that It can take away all the power of the board , aud thus make the board a mere Instrument to fulfill tne dictation of the council. It will not dote to put so broad a construction upon the pro vision of the charter last above quoted-but Us meaning clearly Is , that the.se rules and regulations relate to the manner of proced ure ot the board , and are not a limitation upon the powers of the board. > \ Third. Tbe construction above given to this proTlsloa of the charter Is made more conclusive whan we consider otherprovis the samq < tcqtton. ft 1 * provided that "tho chief of police and all other police ofll- rors and policemen- ll be subject to re moval by the boorUief tlrn and police , under such rules aud vitiations as may bo Dre fer I bed by ordlhce \ , whenever said board shall consider rind , declare such romovcal necessary for thc-'gpropcr management or discipline , or for'.ttip more effective working or service of tno police department. It will hero bo fluua that the removal may take place underlies and regulations vet the board Is the .solo judge as to what shall be cause of .removal and as to when a removal shall lako'rjlace. . The rules and reg ulations so to bo established by ordinance re late only to the miiLper of procccduro there fore as to say mo Accused shall have a trial or notice of a hcarldt or that written charges oball bo preparedibtft the cause of removal and justification , for removal must bo de termined by the board aud not by the city council. Section 10 ot this ordinance Is therefore dealing with duties which belong to the board and not to the council. Again , the same word "removal" is found In both provisions < iuoted from , and hence If In the last provision the rules and regula tions to bo prescribed by ordinance relating , to "removal" of officers relate only tlio maiir ner of procoedure ; they can liavo no broadoe moaning In the llrst clause. To give th. words In tlio first clause the broader mean Ing would bo to make an irreconcilable conflict in tlio two provisions of the same section. Fourth. The same Rcctlon acaln provides : "It shall bo tlio duty of said board of lire and police to adopt such rules and regula tions lor tlio guidance of the otlicers and men of said departments , and for tlio appoint ment , promotion , icmoval. trial or dlclpllno of said olliccrs and mon M Raid board shall consider proper and necessary , and when iaUl rules and regulations shall bo approved by the mayor and council , they shall have the satuo torco and cfTect as ordinances and can only bo changed by and with the consent of the mayor and council. " Hern Is a provision vesting specifically in the board the duty to adopt rules and regula tions for the guidance of the ofllcers and men for their appointment , removal , etc. llero Is vested In the board the very power lhat the city council has assumed to exercise jy tills ordinance. Both bodies cannot be clothed with precisely the same powers or else they will surely come In conflict. In construing a law the supreme court of Nebraska has said that the seeming conflict ing portions must bo so construed as to har monize them , If possible , and if they cannot bo harmonized that the last provision shall prevail and the first must fall. McCann vs. McLennan. 2 Nob. , ass. The People oxrel. vs. Cospur et al. , 3 Neb. , 810. 1 have sought to put a construction upon these seeming conflicting provisions BO thut both will stand. Hut If the provisions first quoted , giving the council power to make rules and regulations , relates to anything more than the manner In which the board shall exorcise its powers and duties , then It Is In conflict with the later provisions of the same section aud can have no force or cftect at all and must fall , which would strip the council of power to make rules and regula tions by ordinance. State ex rel vs Mac- ciialg , 3 Xeb. 213 ; White vs Blum , 4 ! < eb. 5caFifth. . Rules and regulations are not ordi nances but may bo created by an ordinance. The definition of "rules and regulations" cive them an effect that bears out the con struction I am contending for. A "rule" Is that which Is prescribed or laid down as a iuldo to conduct. A "regulation" Is "a rule or order pro scribed for management or government. " Fixing the qualifications ot an officer as to age , residence , etf.V Is not , therefore , a rule or regulation.When the council fixes the grounds upon vjhlhh an officer la to bo re moved from his oflfedj the same Is not a rule or regulation , within tlio foregoing definition of the terms. If. . therefore , the legis lature had In mind uEive , the cou A./ full power and control over the board as to ivhom it should appoint tdoftice and to fix the qual ifications of pprsons'.td bo appointed , there was no occasion to use tlio words , "rules aud regulations , " but the legislature would liavo used Instead thereof , the word "ordinance1' only. > Sixth. Any elector Is eligible to bo elected or appointed to an ojltcu unless disqualified Dy constltutsonal or.'statutory law. Cooley's Constitutional Limitations , 743 , notol. The city council , therefore , could not cre ate a qualification destroylnz the olozlblllty of an elector to bo appointed or to hold an ofllco for which he may bo otherwise fitted unless such power 'Is conferred by tbo char ter upon the city councll.v , We do not believe the charter confers such power upon the city council , yet the ordi nance In question goes to the extent ot pro scribing additional qualifications to the elo- elbllity of an elector to hold any of the offices in the police department. Seventh. A municipal corporation can exercise no power which is not in express terms or by fair Implication conferred upon It. Thomas vs. The City of Richmond 13 Wall. 3M. For the reasons which we have before given we do not believe the power has been conferred upon the cltv council either In ex press terms or by fair Implication , to pass an ordinance containing the provisions found In sections 4 , 5 and 10 of this ordinance. It is my opinion , therefore , that the fore going named sections of this ordinance are Illegal. Respectfully subml tted. JNO , L. WEBSTKB , City Attorney. The official bond of the members of the board of ilro and police commission wore referred to the committee on Ju diciary. From the Doard of Fire and Police Commission Presenting estimate of ex penses of the police department for en suing year , amounting to $77,410. llo- f erred without reading to the committee on polico. From the Board of Public Works Re porting estimates in favor of Barber Asphalt Co. for work done , amounting to $18,010 ; of Regan Bros. , amounting to f 10,600 ; of Fanning & Slavm , amounting to $011.50 ; of C. \Voodworth ) , amount ing to f lU70at8o ; several small estimates. Approved. Of Alva J. Qroror Asking loaro of absence for thirty days. Granted. The official bonds of Jas. Allen , F. Hickstein and II. L. Rumaocioti wore re ceived " ! approved. Of John Jenkins Asking for an assist ant boiler inspector. City attorney to draw ordinanco. Of H. Goldberg Protesting njrainsttho proposed narrowing of Poppleton avo- nuo. Streets and alloys. Ot Property Owners Asking for the grading of Twenty-eighth avenue from Farnam to Dodgo. Grades and grading. Of Property Owners Asking for tlio grading of Twelfth street from Bancroft to Ulaine. Grades and grading. Of Property Owners Asking for a change of grade on California street from Nineteenth street to Twenty-second street. Grades and grading. Of Citizens of Wif nut Hill-Protesting against the keeping of Mortensou's dairy in Walnut Hill addition. Polico. Of P. Duval Askin'g for damages re- uoivod by team falling through a hole on Grace stroet. Claims. Of M. L. Hlgglns et. al. Asking for opening of Indiana street. Grades and grading. l " Of C. E. Mayno efc.l l. Asking ; for the removal of sqiiattqr.afrom , Irene stroet. Police. Of James O'Connor ot al Asking for asking for grading of Kennedy street from Cuming to Cans. Grades and grading. Of C. E. Squires el al Asking for grad ing of Twenty-iilntWaVonuo from How ard to Lcuvouwortb1.1' ' Grades and grad- ta - : .t . Of Worn lro3.ct ! al--Asking for paving of Jackson strcot. _ City engineer. ' Of George Souttcr 'Asklng for grading of Richmond street. Streets and alloys- Of J. A. Brown ct al Asking for the opening of T wenty-lirst street to Lake street. St reels and alloys. Of William Scgelke Asking for the grading of Pierce street from Tenth strcot to Twelfth street. Grades and grading ; Of Elizabeth Galllgliar Asking for damages to property by opening of Woolworth - worth avenue , Grades and grading. HESOLUTION9. By Leo Prohibiting all parties from putting down wooden sidewalks on paved streets. Adopted. By Leo Authorising the purchase ol twelve scats for Jefferson square and the construction of an additional room to the iianscom park house. Adopted. By Cheney Exempting the territory between Eighth and Twelfth aud Cuming nnd Ohio streets from the pound ordin ance. Adopted. By Cheney Instructing the city en gineer to prepare an ordinance opening Paul strcot from Sixteenth strcot to Eighteenth street. Adopted. By Hascall Instructing city ongincor to prepare ordinance opening Tlilrlioth strcot from Dodge to Karnam. Adopted. By Ilnscall Requiring thu board of imbllo works to have Iho curbing con tractors on streets to bo paved to com- pletu tholr woik as soon as possible. Adopted. By Lowry Allowing tlio strcot com missioner three teams and men to work them. Adopted. By Ford Expressing It as the sense of the council that Seventeenth street should bo paved at ouco from Faruam street to Cuming street. Adopted. By Bailey Instructing tlio city attor ney to prepare an opinion on the ques tion of the right of boards of appraisers to assess bonclits to property allectcd by appropriations of property for public uses. Adopted. By Hascall Requiring the council to sit as a board of equalization and assess ment on Juno 23 and 21. Adopted. KKi'OKTS or coMMfi'rer.d. The committee ou streets and alleys re ported adversely on the proposed nar rowing of Seventeenth street from Far nam street to Davenport street. The re port was adopted. Tlio committee on police reported ad versely to the granting of the request of Mayor Broatch to bo allowed to appoint twenty extra policemen , as there are no funds in the treasury for the payment of such additional force. Adopted. The committee on gas and electric lights reported the ordinance of the Ne braska and Kansas Gas and Heat ing company with amendments. The amendments reduced the amount of guarantee deposit for the protection of streets torn up in the construction of the work from $20,000 to $10,000 ; also reduc ing the amount of gas mains required to bo constructed in three years from forty miles to thirty miles. The report was adopted , ORDINANCES. Sccciul ordinance making appropria tions incurred during the way amounting to $14.501.10. Laid over. Authori/.mg the issuance of paving bonds for the payment of the cost of paving in several districts. Finance. Declaring the necessity of opening certain streets through Swcezy's addi tion. Grades and grading. Ordering the paving of Grace street from Sixteenth street to Twenty-fourth strcot with cedar blocks. Paving , curb ing and guttering. Proscribing the duties of the board of public works. Public property nnd buildings. Declaring the necessity of grading Locust street from the belt line tracks to Twenty-fourth street. Grades and grad ing. Declaring the necessity of grading Twentieth street from Dorcas street to Cottage Park addition. Grades uud grading. Providing for the appointment of a clerk for the board of lire and police commissioners. Polico. Ordering the curbing of Cassfrom Six teenth street to Twenty-fourth strcot. Paving , curbing and guttering. Declaring the necessity of grading of Cuss street from Sixteenth street to Twcnty-lifth street. Grades and grading. Establishing the grade of Popploton aveuuo from Twentieth street to Twenty- second. Grades and grading. Changing the grade of Seventeenth avenue from Jacksou to Lcaveuwortli , Grades and grading. Repealing the ordinance narrowing Seventeenth street from Farnam street to Davenport street. Passed. Proscribing rules for the regulation of the lire department. Passed. Grunting the Nebraska uud Kansas Gad and Heating com puny authority to construct Gas mams in nnd along tbo streets of the city. Passed. Fixing the salary of the clerk of the po lice court at $70 per month. Passed. Establishing the grade of Dorcas street from Eighth street to Tenth street. Passed. Establishing the grade of Grace street from Sixteenth street to Belt railway. Passed. Establishing the grade of Farnam street from Clinton street to Thirty-sixth street. Passed. Establishing the grade of Lcavomvorth street from Thirty-sixth street to East avenue : Passed. Granting to the Union Pacific the right to extend its tracks across Seventh street. Passed. Regulating the licensing of plumbers aud dram layers. Passed. Requesting the mayor to submit to the voters at a special election tlio question of granting authority to tlio Motor Rail way company the right to operate a strcot railway along the streets of the city. Laid over for ono week. At midnight the council adjourned. Boils , pimples , hives , ringworms , tot ter , and ail other manifestations of im pure blood are cured by Hood's Sarsa parilla , A PugllUtlo Piremttn. A young man with n bad cut across his forehead applied at tbo police station this morning for tbo arrest of Assistant Chiff Saltcr of the fire department. Ho claims that he went to the engine bouse about midnight to see a member of the depart ment , when Salter refused to admit him and without provocation struck him with omo weapon , cutting his head. 4 . - . . . A Small Leak will sink H great ship ; and what at first appears to bo a trifling cough is apt to culminate in consumption if not properly attended to in time. For consumption , which is scrofula of the lungs , aud for all blood nnd skin diseases , Dr. Pierce's "Golden Medical Discovery" has no equal. By druggists. Personal i'araRraphs. C. II. Willard , of Auburn , Nob. , is nt the Paxton. Governor Thaycr arrived In town yes terday morning. F. C. Harrison and Chas. West , of Lincoln , nni m the city. E. G. Wright nnd W. D. Stllos.of Sioux Falls , Dak. , arc in Omaha. Gus Carey and Pat Desmond leave to day for New York. They will return July 8. G. L. Laws , secretary of state , and At- ternoy General Leesoreturned to Lincoln this morning. C. L. Shelton , of Sterling , 111. , was in the city yesterday , the guest of 8. 8. Audi Moody. Dr. Douglas A. Joy is lying seriously ill with inflammation of the bowels nt 23JJ St. Mary's aveuuo. Lawrence B. King of Springfield , Mass. , nnd H. C. Cook , head clerk at Dewcy & Stone's , leave for Springlicld , Mass. The former has been on a visit here for some day * . "Woman's work is never done , " but it is made easier by the use of Electric Lustre Starch. Moves. Dr. Galbraith , the Union Pacific sur geon , Is arranging commodious quaitors in the Buck building , on the northwest corner of Fourteenth and Douglas streets , and will soon Imvo them in. readi ness for occupancy. A complete Pocket Cyclopedia of Bos ton ( illustrated ) is issued by the United State * Hotel Company of that city , which is the most perfect thing of the kind wo have over seen. Everyone should order it of them by Inclosing ton cents in stamps. AMUSP.MKNTS. "NAIAD QUKF.N. " Arthur McKiilght's boncllt last night was a most Mattering success. Tlio opor.i house was Hllcd to ovorllowlng with nil audience of representative Omaha people ple , who wore doinomtnUlvu in the ex pression of their approbation of the of- foil made to brim ? out the latent talent that has proved to bo so general iu Omaha , 'liio magnificence of the cos tuming aud spectacular clients caused the usual ebullition of utitliii8lasm , the drill was emphatically applauded , tlio chorus Hinging of thu children and the accuracy with which they disposed of tlio "business" Tas a revelation to thoio who had uoniu expecting to sit through a tame show. Even those who .had attended every performance foil no diminu tion of interest , so happily con ceived are the scenes and so thorough Hie discipline. Tim principals acquitted thcminlves ns usual with credit , particu larly Miss Gcorgii ) Boulter , whoso voice , while lacking warmth , is capable of dramatic expression , and combined with the archness and other personal iittrau- tious of its possessor , would ensure her success in the Hold of light opera. Miss Hoiiltor is a pupil of Mrs. J. T. Clark. Mrs. White snug sympathetically , if out of tone , ami would have pleased still move had she and the orchestra been cu rappart , which they evidently wi-ro not. The Misses Merkol liavo excellent nrUural voict-s and sang together to the general satisfaction. Mr. Treyuor's ' voico. though not unpleasant , was as usual tight aud tliro.'ity , ami hi.s action very mo- chanieal. Miss Daisy Maus showed considerable aptitude and pleased Elcctrie Lustre Starch is hailed with delight by every housekeeper and lauu- dress. SIMPLE BREACH OF TRUST. How n Wealthy I'liilmtclphlii Man Obtained His Money. Memphis Avalanche : Ono of the sim plest things over heard of , and which was still1 * as neat as it was simple , was the breach of trust of n Philadelphia mes senger , lie received a package of SjlOO- 000 aud hid it safely away. Ho thou wont back to the bank which liad employed him and told tlio olllcors that ho was tired of being poor and that he hnd de termined to use the money they had given him to carry to a certain other bank. At first it was thought ho was drunk , then crazy , then joking. But ho simply advised the otlicera to have him arrested , as ho intended to keep and use the money in question. Tlio principal lie promised eventually to return. The ofliccrs tried to persuade him , but without avail. He was finally arrested , but his only crime was broach of trust. His declared intention of eventually re turning the money made it almost im possible to bring the crime under the head of any indictable ou"onso. He was finally tried for breach of trust , and came off with two years in the penitentiary. This occurred about iiftcen years ago. The perpetrator still lives in Philadel phia , and is in comfortable circum stances , nnd talks freely about his little escapade. He still says ho intends to return the money to the bank. He had his lawyer draw up a will in which ho bequeathed the iJlOO.OOO to the bank , being the sum borrowed on such adate.less $2,400being the amount clmrgcd for two years of en forced idleness , at $100 a month. Novel Uses of 1'npop. Chamber's Journals There are few things that cannot be now made out of paper. Its adaptability is astonishing , and the wildest speculations as to its fu ture are excusable when wo reflect upon the present uses of the ma tori id. As the delicate substance can bo made to servo for steel or ironit is not difficult to under stand how paper is for many purposes now til ken the place of wood. Mention was before made of n now mill in Sweden for the manufacture of paper from moss. Paper of different thicknesses and paste board made of the white moss have al ready bocu shown , the latter even in sheets three-quarters of an inch thick. It IB as hard as wood , and can bo easily painted and polished. It has all the good ounlitics.but none of the defects of wood. The pasteboard can consequently be used for door and window frames , archi tectural ornaments , aud all kinds of fur niture. Paper made from strong fiber , such as linen , can iu fact , bo compressed into a substance so hard that it cannot almost be scratched. As houses have been made of this novel building malarialso almost everything requisite to complete and fur nish a residence has been manufactured of paper. After Uic Brcslau fireproof chimney , it Is quite nosslblo.for instance , that cooking or heating stoves can bo made of similar materials. Those paper stoves are annealed that Is , painted over with a composition wliicli becomes part of the paper , and ia fierproof. it is said to be impossible to burn them out , and they are much cheaper than iron stoves. Bath-tubs and pots are made in the same manner by com pressing the paper made of linen fibres , and annealing. The tubs , we are as sured , will last forever , and never leak. Placed on the fire they will not burn up ; and it is almost impossible to break or injure them. Our rooms can bo floored with this wonderfully accommodating material , as proved by the Indianapolis skating rink , before referred to in this Journal. It may hero bo mentioned that cracks in floors , around the skirting- board or other parts of a room , may bo neatly and permanently filled by thoroughly soaking newspapers in paste made of ono pound of Hour , three quarts of water and a tablcspoonful of alum ; thoroughly boiled and mixed. The mix ture will bo about as thick as putty , aud may be forced into the cracks with a case knife. It will harden like paper- macho. Doors , which ono would think were polished mahogany but that they swing so lightly , and are free from swelling , cracking or warping , are composed each of two thick paper boards , stamped and moulded into panels , and glued together with glue and potash nnd then rolled through heavy rollers. These doors are llrst covered with a water-proof coating , then painted and varnished and hung iu the ordinary way. Few persons can de tect that they are not made of wood , par ticularly nhcn used as sliding doors. Black walnut is said to bo getting very scarce in thin country ; but tlio pic ture frames are now made of paper , and colored like walnut , and are so perfect that no one could detect them without cutting Ilium. Paper-pulp , glue , liusoml oil , and carbonate of lime or whiting are mixed together nnd heated into a thick cream , which , on being allowed to cool , is run into molds and hardened. Drawing rooms can bo set off by hand some planocs manufactured from paper a French invention. A beautiful musi cal instrument of this kind has lately been an object of great curiosity to the connoisseurs and musical savants of Paris The entire case is made of com pressed paper , to which is given a hard surface and a cream-white brilliant polish. The legs and shies are ornamented with arabesques and lloral designs. Tim exterior and as much of tlio interior as cuu ho soon when the in strument is open are covered with wreaths and medallions painted in mini ature by some of the lending artists of Pans. The tone ot this instrument is said to bo of an excellent quality , though not loud. The broken , alternating char acter of piano music is replaced by a rich , full , continuous roll of sound , re sembling somewhat that of an organ. Only two of these instruments Imvo boon made. One Is still on exhibition ; the other has been sold to the Duke of Dev onshire. . Hood's Sarsapar/7fa Combines , In a manner peculiar tolMclf , the best blood-purifying and trcnBthonliin reme dies ot the c-setablo kingdom. You will find this ttPtulcrtut remedy ofloctlTO where other medicines have failed. Try It now. It will purity your Wood , rcgulato the digestion , and plvo new lite ami % ljwrto the sntlro body. "Hood's Barsaparllla did mo great good. I nas tired out from overwork , and It toned me up. " Mns. (1 , U. SIMMONS , Cohocs , N. Y , " I suffered three years from blood poison I took Hood's S.irsap.irllU and thluk I an cured. " Jius. M. J. DAVIS , IJrockport , N. Y. Pni'iflcs the Stood 9 Hood's B.irsaparllla is characterized by three peculiarities : 1st , the eomUnatlon of remedial accntsj Cd.tho proportion ! Sd.tbt proecii ot securing tlio actlto medicinal qualities. 1 lie result Is a medicine of unusual strength , effecting cures hitherto unknown , Send for book containing additional evidence. " Hood's H.irnnparllla tonei up my system , purifies my Mood , tliarpons my aiipotlto , and poems to innko mo over. " J. P. TuoaU'lON , KcRlMcr of Deeds , Lowell , Mass. "Hood's Rarsap.nlll.i beats all others , and Is worth Its weight In pold. " I. lUlWLNUTO.v , 130 Uank Struct , New York Cliy. Hood's - Sarsaparilla Bold by nit drupglsta. $1 ! six for ? 3. Made only by 0.1.11UUU & CO. , Lowell , Mass. IOO DOBOS Ono Dollar. CAPITAL PRIZE , $150,000 , "Wo do linrobj-cortlfy that wo stiporvlso the nrrniik'cmums fur all thn Monthly mul Soml-Aii- iiuul Drnn-liiKS of Tlie LoiilMmm Stuto Lottery Company , nnd In portion nmtmiro ntul control tlmclriovhiirs thoiniplvi < , mul tlint tlio nmo are cniuliiutKl wltn honesty , futrness nnil In Rood faith toward nil pnrllcs nmt wo nutliorlze the Lnmpnnytn use this cartlncnto with fRO-slin- llcsoroursltfiiuturosattachoil , iu Its lulvortlao niouta. " COMMISSIONRIIS. Wetho undersigned liankn and flankers will puy all Prl/.M drawn In The Loulshiim Stntfl Lotteries which may bo presontud nt our coun ters. .1. n. o MSlY. Preo. IxJiiNlana National Ilk. 1'IKKUK LANAUX , Pres. Stuto National IJIc A. HAI.nWIN , 1'rce. Now Orleans Nut'lllank CAUL KOIIN , 1'rcs. Union National Ilniib. u NP11ECEDENTKI ) ATRTACTION ! OVER A MILLION DISTRIBUTED. Loiitaiinia State Lottery Company. Incorporntod In 1W. for 2S year * by the ImHUturo for educational nnd cluulluLlo inirpnnuH nltli a cnt'ltnl offlco,010-to ) which a rosarvo fund of oTor fj.0uulms nlnco bccniuliloil. llrun ovcnvliclinliiK' pcipul r rote It" frnnclilio "in minion part of the | ire i'ntstttoeon ! tltutlon adopted December 2ru ! , A. 1) . l$7l > . The only fottury ever voted on and endorsed by the people of uny stnto. It never scnlos or jiostpotios. Its Crand Sltigln Nuuibor Drawings tnhopluoo monthly , and thn Heml-Annunl Drawings regularly every x months ( Juno nnd Decora- bcr ) . A SPLENDID OI'l'OHTUNITr TO WIN A FOIlTIJ.sn. Seventh Grtind Drnwlnp , clnas O , In the Acndomy of Mnslo , Now Orlonns. Tues day , July 18,1847 Stfiith Monthly Dniwlngr. CAPITAL PIIIZE , 8ir OOOO. Cff"Notice Tickets are Ten Dollars only. Halves , S5. Fifths , 2. Tenths , SI. I.IRT OK IMII7.B * . 1 CAPITAL P.HIX.K OF $150,000. . . . J160.00D IGKANIl HHt/.KOK m.ono. . . M.OOO KlltANI ) I'UI/.K OK 20,000. . . . 80,000 IA HO I ! riltZKSOF 10.000. . . . K9.000 4 6,000. . . . 20.0JO ZUi'ltlZES OF i.oou. , . . 60 COO. . . . JU.UOO 100 BOO. . . . bO.OOO ZOO " gOO. . . . 40,000 WO " ICO. . . . BO.OOO 1,000 " 80. . . . GO.OGO APPIIOXIJUTIOX rntzn. 100 Approximation Prlrcn of ftoO. : . . . 101) ) " " SlH ) . . . . 100 " " 100. . . . 2,179 Prizes amounting to . fS.,000 Application for chid rules rhould bo nndo oulyto theoniceofthi'conipanr In NewOrlanin. Kor further Informntlon irrlm rlearljr. icmnt roll HdilrcM. TOSTAI , NOTK9. oiprem moner orUor , or New Vork KxclmiiBo In ordinary letter. Curronor bf iprou l.t NEW OllI.EAKS , I.A. . OrM. A. DAUPHIN , WA8H1NOTON. D. 0. Atldrca * ScgLttered letters to NEW OliLUANS NATIONAL HANK NEW OKI.HANS o -p lif If Af Tl IP If Tnat th preionea of It & M TJ Jll liCi U o naral Ueauretaril and Early , who are In clurKO of tbo dniwlnx * . ' acimr- antea of abnoluto fntrnoM and Intogrur. that tha cbancciarpallequHl , unit tbat no on * can ponlbly dlTlna it hat numbers will draw a I'rue. UKMKMIlKIt tbat the payment of all prlios li OITAllAMfEll IIV rntlll NATIOS'AI , IIANKM of New Orlenmand the Tlckotiaro sUned hy thn protldont of HD Institution , whoso chnrtnrnit rights arc recog- nlred In tlio hUlicst rourti ; therefore , bdwar of any Imitation ! ornnonymotn iclivmot DKH OLD , " Rirect Sixteen , " who ronipn In the orchard , nver tlio > ne di > w , rlJfn on thn Malwncli. raml'lm nrer thu motiutnlni and en- Joymlltfiu UTi'lr outdoor gauiMmid * pnrl > , jollier 1'ufo , Nrck , Arnin aiirt llundi ore ri-rfrct picture * of llttauty.wlilcliitiuiimiervr * HACAN'S Magnolia Balm forIho f'oiuplnxlnn. Itmnkitiia Udy of40 _ . . .i'.ir [ jut -Ju. Tu n Jlnrnilfi * Liquid , niiDllod lu tiu.tlv. C'un'i lir Dvtrt-led. Ali.itu th III iltectnor Hot , Dry , Windy Wcuthar. Doe nway wlih tun , Hunburii , JKi-rcMli-a. Totter nnd j ery Stein Illcmuh , \Voiidrrrnll ) Kcfrcnliliiir. Take It ulth J nil to t I EVERY LADY who ilo ln-s u perfect CORSET FORM AND FIT should wonr ono. wni t c k m k > , tORJITT CO51 joi-0 ! _ " ! ii'i" ' DAYS' TRiAL. TMIR NEW EUSTIO TRUSS jui ra amwnt from Ti ntbert. U cqt > ibp . wltb ftlf. - - i BftillootciAr > * 1 tt'tt ftJI pMltlOM Of Cb9 - - body whDt it * tlilf ID UMcap Vprevipa back U * | nt a- * "nIUIfAA.V " ! tJ18 ? MKXWtf&i'SSi iS fMM * . ( tMi i Uh J